where he is? I wonder if anyone has ever used that loophole in the law to avoid a deportation. Like let's say for example a woman in another country meets an American tourist and has a brief fling with him and then the guy leaves. A couple of months later she finds out she's pregnant, but the guy is long gone so she doesn't put him on the birth certificate. She has the baby and that baby grows up. Then one day they move to the US and they have green cards and are permanent legal residents. A few years go by and the son gets in trouble with the law and goes to prison for a few of years...as he is getting ready to be released Immigration notifies him that he is getting deported, but then he tells them that he can't be deported because he's a citizen because his dad was one and American law says that any child born to at least one US citizen parent is a US citizen regardless of where that child was born... anyway you get the picture..so has that ever happened before?
2007-11-03 16:58:09 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The child would have to prove what he claims. No proof, no immunity.
2007-11-03 17:00:59 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Interesting....
I have a friend who is a Naturalized citizen... born in Jamaica, of two American citizens who found themselves stranded after a hurricane while traveling, when his mom went into pre-mature labor.
Because both his parents are US citizens, he could be naturalized automatically, provided he simply filed the paperwork before his 18th birthday, but he is not a Natural Born Citizen. Part of the paperwork included an affidavit that he was the child of an American Citizen, and under 18 years of age.
2007-11-04 00:07:30 · answer #2 · answered by Daniel E 4 · 1⤊ 0⤋
No, that isn't what American law says. The law says a person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of his or her citizenship. Such a person may also apply for a passport or a Certificate of Citizenship to have his or her citizenship recognized. In your scenerio, the mother does not acknowledge the father on the child's birth certificate. To prove his claim, the young man would have to be able to locate the man he claimed is his father, and, I am sure, back up that claim with DNA testing.
2007-11-04 00:01:56 · answer #3 · answered by claudiacake 7 · 1⤊ 1⤋
Any person who has a parent that was born on American soil is (by law) looked apon as American. My daughter was born In Canada, and she is considered American by the INS.
2007-11-07 15:28:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋